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Guilty plea in baby's fire pit death

04:06 PM PDT on Wednesday, August 20, 2008

KING5.com Staff

KING

Alberto Chacon Rios appears in court on Aug. 19, 2008. Rios pleaded guilty to manslaughter in the death of his infant son, who died after falling into a fire pit.

KENT, Wash. - A Federal Way man whose infant died after falling into a fire pit pleaded guilty to manslaughter Tuesday.

Alberto Rios pleaded guilty to second degree manslaughter, which means he caused an unintentional death because of extremely negligent behavior.

Thirty-eight-year-old Rios had originally pleaded not guilty to second degree manslaughter charges, but changed his plea to avoid a possible first-degree charge that could have meant eight years in prison.

King County Superior Court Judge Sharon Armstrong read Rios' statement of how he drank six to nine beers on June 21, the night his 7-month-old son Diego died.

Rios said he fell asleep with little Diego Rios-Santana on his chest. Officers responding to the home found Rios crying hysterically, rocking the infant in his arms. The child died of smoke inhalation with burns over 100 percent of his body. Rios blamed his drinking.

Rios is expected to be sentenced October 3. Prosecutors are seeking 27 months.

Prosecutors say after serving his sentence, Alberto Rios will be deported to Mexico because he is in this country illegally. He was previously deported in 1994, 1996 and 2001.

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